The Role of Courts in American Politics

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Recommended: Separation of powers in the United States

The Role of Courts in American Politics

The third branch of the federal government is the judicial branch.

Before the existence of the Constitution, a system of state courts was

in place. Through much controversy and compromise a decision was

accomplished, which put in place the Supreme Court. In Article III,

Section 1, "The judicial power of the United Statesshall be vested in

one Supreme Court and such inferior courts as the Congress may from

time to time ordain and establish." The Supreme Court was initially

set up as a part of the separation of powers in the American political

system. It did not originally have the power of judicial review until

1803 in the case of Marbury vs. Madison (Young, 283), which then gave

the Supreme Court the power to interpret the Constitution and overrule

any law or action that was unconstitutional.

As part of the political system, the selection of judges has choice of

the President and confirmed by the Senate. Once appointed, federal

Judges are in the seat until they resign or die and are independent of

the President's influence. (Burns, 360-361) For example, the chief

justice of the United States is appointed and holds tenure for life.

He is one of nine Justices, and has the major role of interpreting the

Constitution. This allows the Supreme Court to strike down any law

passed in the country if, in the view of the Court, it is not

constitutional. (Burns, 371-372) The Constitution is very ambiguous in

the wording and gives the Court considerable room in the

interpretation, thus giving It power.

Other roles of the Court are to settle disputes between the President

and Congress, state and federal governments, and individuals against

both the federal and state government. The Court is also involved in

making public policy. One major decision has been abortion. This issue

is very volatile in American Politics. In Roe vs. Wade (Young, 74-78)

the Court laid out the guidelines on which circumstances it was

possible to terminate the fetus. Many other cases they have decided on

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